Situation of human rights in Myanmar - Report of the United Nations High Commissioner for Human Rights (A/HRC/54/59) (Advance unedited version)

Description: 

"Advance unedited version Distr.: General, 19 September 2023 Original: English Human Rights Council Fifty-fourth session 11 September --6 October 2023 Agenda items 2 and 4 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Human rights situations that require the Council's attention Summary Prepared pursuant to A/HRC/RES/50/3, this report identifies trends and patterns of human rights violations that occurred in Myanmar between 1 April 2022 and 31 July 2023. This report documents incidents affecting the civilian population with particular focus on military airstrikes, ground operations, and arson, and also covers acts of violence by anti-military armed groups. It further addresses human rights concerns of the Rohingya community. Recommendations are made to the military, the National Unity Government, and the international community. Introduction and methodology In resolution A/HRC/RES/49/23, the Human Rights Council requested the United Nations High Commissioner for Human Rights to monitor and assess the overall situation of human rights in Myanmar, with a particular focus on accountability regarding alleged violations of international human rights law and international humanitarian law, and to make recommendations on additional steps necessary to address the current crisis. It also requested presentation of a comprehensive report at its 54th session. This report presents findings from monitoring and verification activities conducted remotely by the Office of the High Commissioner for Human Rights (OHCHR) between 1 April 2022 and 31 July 2023. It examines trends and patterns in violations of international human rights law and, where applicable, of international humanitarian law, and examines where some of these violations may amount to crimes under international law. Paramount among these violations are killing of civilians, forced displacement, denial of humanitarian assistance, and extreme and systematic discrimination against the Rohingya by the Myanmar military. This report is based on 161 interviews conducted during the reporting period with primary and secondary sources, including victims and witnesses, regular consultations and collaboration with local and international organizations, United Nations entities, thematic experts, and other actors. Analysis of other primary sources, such as satellite images and official documents, and systematic monitoring of media and social media, contributed to the findings of this report. OHCHR submitted questionnaires to military authorities, the National Unity Government, and key ethnic armed organizations. Given the serious protection concerns of individuals reporting on violations occurring in Myanmar, this report prioritized full respect of the “do no harm” principle over any other consideration. Factual determinations of incidents and patterns were made where there were reasonable grounds to believe that relevant incidents had occurred. Figures of deaths likely represent an underestimation of realities on the ground. For purposes of this report, a mass killing is considered an alleged incident in which at least 10 civilians or persons hors de combat were killed. This report gives particular focus to key human rights and protection concerns deriving from the systematic use of indiscriminate attacks and attacks directed against the civilian population including, airstrikes, mass killings, and burning of villages. It also demonstrates that the intensity and brutality of military actions against the civilian population have increased over time, with complete impunity. Military actions have also resulted in interconnected humanitarian, political, and economic crises. imposing an unbearable toll on the people in Myanmar. Additionally, the report presents findings on the human rights situation of the Rohingya community, reiterating the lack of progress on the root causes of systemic discrimination, including on accountability, safety, citizenship, and fundamental freedoms. A seemingly endless spiral of military violence has engulfed all aspects of life in Myanmar. Since the coup, OHCHR has consistently investigated and reported the evolution of Myanmar’s human rights crisis and the military’s absolute disregard for international law and protection of civilians. Analysing the use of violence by the military against individuals opposing their power and the civilian population at large, clear patterns emerged demonstrating a continuous escalation in terms of number, type, intensity, and brutality of attacks. Shortly after the coup, the military unilaterally amended and instrumentalized the legal framework to stifle free expression, justify arbitrary deprivation of liberty, and deny thousands of activists, journalists, and human rights defenders due process and fair trial rights. Their tactics quickly evolved into systematic targeted killings and mass arrests, with torture and ill-treatment causing numerous deaths in custody. Increasingly, the military resorted to brutal campaigns against any perceived opponent. They increasingly rely on air and artillery strikes on villages and other populated areas, burning of villages, executions and killings, torture, arbitrary detentions, enforced disappearances, forced displacement, denial of humanitarian access, and persecution. Depending on the circumstances, some of these acts may constitute crimes against humanity and/or war crimes. Amid a surge in the military’s reliance on fighter jets and helicopter gunships, violence has continued to escalate, as epitomized in April 2023 through multiple airstrikes on Pa Zi Gyi village, Sagaing, resulting in the largest mass casualty incident recorded since February 2021. The military’s increasing use of air power and munitions exhibited the military’s growing reliance on heavy weapons and materiel that can only be purchased from foreign sources. To do so, they rely on access to foreign currency to purchase such military hardware, support services, and aviation fuel. Thus far, targeted measures have shown some limited success in degrading the military’s offensive capacity, suggesting that more comprehensive, concrete, and meaningful international sanctions of this sort are urgently needed to curtail the military’s capacity for continuing its campaign of violence and repression. Concerns arise also with regard to violations and abuses by anti-military armed groups and elements. While not comparable to the military’s violence in scale, proportion, or scope, such abuses exacerbate protection concerns of the civilian population. This situation requires decisive actions by the National Unity Government and relevant armed groups to ensure accountability and prevent impunity for human rights abuses by respective forces under their control..."

Source/publisher: 

UN Human Rights Council (Geneva) via "Reliefweb" (New York)

Date of Publication: 

2023-09-19

Date of entry: 

2023-09-26

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar

Language: 

English

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Format: 

pdf

Size: 

492.58 KB

Resource Type: 

text

Text quality: 

    • Good